SB907: Bill Text

SB907,,848 Date:    

SB907,,849 Time:    

SB907,,850 Room:    

SB907,,851 Judge or Circuit Court Commissioner:    

SB907,,852 Address:    

SB907,,853 2. If you do not appear, the court will enter a default judgment finding the petitioner .... to be the father parent. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above.

SB907,,854 3. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the court or need material in an alternate format, please call .... .

SB907,,855 Dated: ...., .... (year)

SB907,,856 Signed:.... ....

SB907,,857 G. H., Clerk of Circuit Court

SB907,,858 or

SB907,,859 Petitioner’s Attorney

SB907,,860 State Bar No.: ....

SB907,,861 Address: ....

SB907,,862 City, State Zip Code: ....

SB907,,863 Phone No.: ....

SB907,,864 (c) Nonparent as petitioner.

SB907,,865 STATE OF WISCONSIN,   CIRCUIT COURT: ....COUNTY

SB907,,868 In re the Paternity Parentage of A. B.

SB907,,869 C. D. (Nonparent-Petitioner)

SB907,,870 Address

SB907,,871 City, State Zip Code File No. ...

SB907,,872 , Petitioners

SB907,,873 vs. S U M M O N S

SB907,,874 E. F.

SB907,,875 Address   .... (Case Classification Type):.... (Code No.)

SB907,,876 City, State Zip Code

SB907,,877 , Respondent

SB907,,880 THE STATE OF WISCONSIN, To the Respondent

SB907,,881 1. You have been sued. The petitioner .... claims that .... is the mother parent and .... may be the father is an alleged parent of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity parentage. Your court appearance is:

SB907,,882 Date:    

SB907,,883 Time:    

SB907,,884 Room:    

SB907,,885 Judge or Circuit Court Commissioner:    

SB907,,886 Address:    

SB907,,887 2. If you do not appear, the court may enter a default judgment finding .... to be the father a parent. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are alleged to be the father a parent and you are unable to afford an attorney, the court will appoint one for you only upon genetic tests showing that you are not excluded as the father a parent and the probability of your being the father a parent is less than 99.0 percent.

SB907,,888 3. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the court or need material in an alternate format, please call .... .

SB907,,889 Dated: ...., .... (year)

SB907,,890 Signed:.... ....

SB907,,891 G. H., Clerk of Circuit Court

SB907,,892 or

SB907,,893 Petitioner’s Attorney

SB907,,894 State Bar No.: ....

SB907,,895 Address: ....

SB907,,896 City, State Zip Code: ....

SB907,,897 Phone No.: ....

SB907,261 Section 261. 767.813 (5g) of the statutes is amended to read:

SB907,,899 767.813 (5g) Notice. The notice to parties shall be attached to the summons. The notice shall be in boldface type and in substantially the following form:

SB907,,900 NOTICE TO PARTIES

SB907,,901 1. You are a party to a petition for paternity parentage. A judgment of paternity parentage legally designates the child in the case to be a child of the man person found to be the father parent. It creates a legally recognized parent-child relationship between the man person and the child. It creates the right of inheritance for the child, and obligates the man person to support the child until the child reaches the age of 18, or the age of 19 if the child is enrolled full-time in high school or its equivalent. The failure by either parent to pay court-ordered support is punishable by imprisonment as a contempt of court or as a criminal violation.

SB907,,902 2. A party to a paternity parentage case has the right to be represented by an attorney. If you are unable to afford an attorney and you are a man person who is named as the possible father alleged parent of a child in a paternity parentage case, the court will appoint an attorney for you only if the results of one or more genetic tests show that you are not excluded as the father parent and that the statistical probability of your being the father parent is less than 99.0 percent. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .

SB907,,903 3. The petitioner in this case has the burden of proving by a clear and satisfactory preponderance of the evidence whether the man person named as the possible father alleged parent is the father parent. However, if genetic tests show that the man person named is not excluded as the father parent, and show that the statistical probability that the man person is the father parent is 99.0 percent or higher, that man person is rebuttably presumed to be the father parent.

SB907,,904 4. You may request genetic tests which will indicate the probability that the man person named as the possible father alleged parent is or is not the father parent of the child. The court will order genetic tests on a request by you, the state, or any other party. Any person who refuses to take court-ordered genetic tests may be punished for contempt of court.

SB907,,905 5. The following defenses are available in a paternity parentage case:

SB907,,906 (a) The man person named as a possible father an alleged parent of the child may claim that he the person was sterile or impotent at the time of conception.

SB907,,907 (b) The mother may claim that she, or the man named as a possible father parent or the alleged parent may claim that he, the parent and alleged parent did not have sexual intercourse with the each other party during the conceptive period (generally the period 8 to 10 months before the birth of the child).

SB907,,908 (c) The mother or the man named as a possible father parent or alleged parent may claim that another man person had sexual intercourse with the mother parent during the conceptive period.

SB907,,909 6. You have the right to request a jury trial on the issue of whether the named man alleged parent is the father parent.

SB907,,910 7. If you fail to appear at any stage of the proceeding, including a scheduled court-ordered genetic test, the court may enter a default judgment finding the man claimed to be the father named alleged parent as the father parent.

SB907,,911 8. You must keep the clerk of court and child support agency informed of your current address at all times.

SB907,262 Section 262. 767.815 (2) (a) and (b) of the statutes are amended to read:

SB907,,913 767.815 (2) (a) There are reasonable grounds to believe that before the time for service under s. 801.02 (1) or sub. (1) expired the respondent knew that the mother was pregnant about the pregnancy and that the respondent may be the father parent.

SB907,,914 (b) Due diligence was exercised in attempting to serve the respondent, before he the respondent was actually served.

SB907,263 Section 263. 767.82 (2m) and (4) of the statutes are amended to read:

SB907,,916 767.82 (2m) Custody pending court order. If there is no presumption of paternity parentage under s. 891.41 (1) or if paternity parentage is conclusively determined from genetic test results under s. 767.804 (1) or acknowledged under s. 767.805 (1), the mother parent who gave birth shall have sole legal custody of the child until the court orders otherwise.

SB907,,917 (4) Discovery. Discovery shall be conducted as provided in ch. 804, except that no discovery may be obtained later than 30 days before the trial. No discovery may solicit information relating to the sexual relations of the mother parent who gave birth occurring at any time other than the probable time of conception.

SB907,264 Section 264. 767.83 (1) of the statutes is amended to read:

SB907,,919 767.83 (1) Generally. At the pretrial hearing, at the trial, and in any other proceedings in any paternity parentage action, any party may be represented by counsel. If the male alleged parent respondent is indigent and the state is the petitioner under s. 767.80 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.80 (6), or the action is commenced on behalf of the child by an attorney appointed under s. 767.407 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

SB907,265 Section 265. 767.84 (1) (a) (intro.) of the statutes is amended to read:

SB907,,921 767.84 (1) (a) (intro.) Except as provided in ss. 767.855 and 767.863, and except in actions to which s. 767.893 applies, the court shall require the all of the following to submit to genetic tests:

SB907,,922 1m. The child, mother, any male.

SB907,,923 3m. Any person for whom there is probable cause to believe that he had the person’s sexual intercourse with the mother during a possible time of the person who gave birth to the child may have resulted in the child’s conception, or any male.

SB907,,924 4. Any witness who testifies or will testify about his the witness’s sexual relations with the mother at a possible time of conception to submit to genetic tests. person who gave birth to the child that may have resulted in conception of the child.

SB907,,925 (ac) Probable cause of sexual intercourse during a possible time of that may have resulted in conception of the child for the purposes of par. (a) may be established by a sufficient petition or affidavit of the child’s mother person who gave birth to the child or an alleged father parent, filed with the court, or after an examination under oath of a party or witness, when the court determines that an examination is necessary.

SB907,,926 (am) The court is not required to order a genetic test under this paragraph par. (a) with respect to any of the following:

SB907,266 Section 266. 767.84 (1) (a) 1. and 2. of the statutes are renumbered 767.84 (1) (am) 1. and 2.

SB907,267 Section 267. 767.84 (1) (a) 2m. of the statutes is created to read:

SB907,,929 767.84 (1) (a) 2m. The person who gave birth to the child.

SB907,268 Section 268. 767.84 (1) (a) 3. of the statutes is renumbered 767.84 (1) (am) 3. and amended to read:

SB907,,931 767.84 (1) (am) 3. a. Except as provided in subd. 3. b., a male respondent who fails to appear, if genetic test results with respect to another man person, other than the person who gave birth to the child, show that the other man person is not excluded as the father parent and that the statistical probability of the other man’s person’s parentage is 99.0 percent or higher creating a presumption of the other man’s paternity person’s parentage.

SB907,,932 b. Subdivision 3. a. does not apply if the presumption of the other man’s paternity person’s parentage is rebutted.

SB907,269 Section 269. 767.84 (1) (b) (intro.) and 2. of the statutes are amended to read:

SB907,,934 767.84 (1) (b) (intro.) The genetic tests shall be performed by an expert qualified as an examiner of genetic markers present on the cells of the specific body material to be used for the tests, appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability of the alleged father’s paternity parent’s parentage based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at the trial or pretrial hearing if all of the following apply:

SB907,,935 2. At least 10 days before the trial or pretrial hearing, the department or county child support agency under s. 59.53 (5) notifies the alleged father parent of the results of the genetic tests and that he the alleged parent may object to the test results by submitting an objection in writing to the court no later than the day before the hearing.

SB907,270 Section 270. 767.84 (4) of the statutes is amended to read:

SB907,,937 767.84 (4) Tests excluding paternity parentage; refusal to submit to test. Genetic test results excluding an alleged father parent as the father parent of the child are conclusive evidence of nonpaternity that the alleged parent is not the parent of the child and the court shall dismiss any paternity parentage action with respect to that alleged father parent. Genetic test results excluding any male witness from possible paternity parentage are conclusive evidence of nonpaternity of the male that the witness is not the parent of the child. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with between the person who gave birth to the child and any person excluded as a possible father parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to a genetic test ordered by the court is a contempt of the court for failure to produce evidence under s. 767.87 (5). If the action was brought by the child’s mother person who gave birth to the child but she that person refuses to submit to a genetic test, or refuses to submit herself or the child to a genetic tests test, the action shall be dismissed.

SB907,271 Section 271. 767.84 (6) of the statutes is amended to read: